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证人不出庭作证是我国当前审判实践中十分突出的问题,且在三大诉讼中带有一定的共性,特别是在刑事诉讼中证人出庭率极低,已严重影响庭审质量。证人拒绝出庭作证既有文化心理上的原因,也有诉讼价值层面和制度层面的原因,有社会原因也有证人自身的原因,证人拒绝出庭作证是在中国独特文化背景和司法制度下衍生出来的一种现象。面对我国的现实国情,要解决证人拒绝出庭作证这一问题,必须采用综合治理、多管齐下的方式,才能在一定限度内遏制这一现象,使其不至于影响审判公正。文章试从我国的传统文化、思想道德以及风俗人情等方面另辟蹊径,找出刑事证人拒绝出庭作证的原因,提出一些符合实际的立法建议和司法措施。
Witness’s failure to testify in court is a very prominent issue in current trial practice in our country, and has certain commonalities in the three major litigations. In particular, witness’s appearance rate in criminal proceedings is extremely low, which has seriously affected the quality of trial. Witnesses refuse to testify in court because of both cultural and psychological reasons, but also litigation value and institutional reasons, there are social reasons for the witnesses themselves, witnesses refuse to testify in the unique cultural background of China and the judiciary derived phenomenon. In the face of the reality of our country, to solve the problem of witnesses refusing to testify in court, we must adopt a comprehensive and multi-pronged approach to curb this phenomenon to a certain extent so as not to affect the fairness of the trial. The article attempts to find new ways to refuse criminal testimony in court in order to find out some legal suggestions and judicial measures which are in line with the actual situation in terms of traditional culture, ideological and moral as well as customs and habits of our country.